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Blogger attorney Ogden grilled in public discipline hearing

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Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours July 30 in a hearing before the Indiana Disciplinary Commission.   

Ogden is accused of violating Rule of Professional Conduct 8.2 for comments made in private emails about a judge. He also is accused of violating rules 2.9 and 8.4(d) for sending a letter to Marion Superior judges regarding asset distribution in civil forfeiture cases. Ogden says U.S. Supreme Court rulings offer attorneys the same protection as the public regarding speech, except in instances where the speech could impact the administration of justice.

Ogden_Paul_art-15col.jpg Attorney Paul Ogden exits a Disciplinary Commission hearing at the Statehouse July 30. (IL photo/ Dave Stafford)

On the stand, Ogden said Rule 8.2 “isn’t about stifling criticism of an elected judge. … I have a right to speak the truth about what happened.” But opposing witnesses testified that Ogden stood by critical remarks even after he was informed they were untrue.

Near the close of the almost 12-hour proceeding, hearing officer Robert York posed to Ogden several hypotheticals about attorney speech. York asked the extent to which statements like those he made regarding Hendricks Superior Judge David Coleman could be regulated under the rules.

“The Supreme Court has no authority to enforce the rules to infringe on my free speech rights,” Ogden said.

“Do any of these rules apply to you?” York asked at one point, holding up a copy of the professional conduct code. Seeming exasperated, Ogden said of course they did, but they “can’t be used to infringe my free speech.”

Coleman testified that he obtained copies of emails Ogden sent to opposing counsel in a trust case when someone left them behind in a file in court. Among other things, Ogden wrote that Coleman “should be turned in to the disciplinary commission for how he handled this case. If this case would have been in Marion County with a real probate court with a real judge, the stuff that went on with this case never would have happened.” Ogden claimed, among other things, that the estate’s value dwindled from about $1 million to almost nothing due to improper oversight.

Ogden also claimed that Coleman was friends with family members involved in the trust and should have recused himself, an allegation Coleman said he told Ogden was false. Ogden eventually had Coleman, the second judge in the five-year-long trust case, removed through a “lazy judge” motion.

“I had no conflict,” Coleman testified.

Disciplinary Commission attorney Seth Pruden asked Coleman, “As far as you know, are those emails true or false?” Coleman responded, “As far as I know, they’re false.”

“I don’t know of anything I did wrong on this case,” Coleman testified. He said after Ogden “attacked my integrity,” he sent Ogden a letter pointing out several remarks that were untrue. “I sent him a letter and asked him simply to apologize.”

But Ogden refused, repeating the errors that he said the judge had made in the estate case. Coleman then sent the emails to the commission, noting it was the first time in a long career that he had done so against an attorney. “He didn’t retract them,” Coleman said of Ogden’s comments. Had Ogden apologized or retracted the comments, Coleman testified, “I just wouldn’t have sent the letter.”

Ogden’s attorney, Adam Lenkowsky of Roberts & Bishop, repeatedly stressed that the comments were in private emails and said the comments only became public when the commission filed a verified complaint against Ogden.  

Lenkowsky recounted problems with the estate such as disbursements made without court approval. The opposing attorney on the trust case, Steven Harris of Mooresville, denied there were problems with the estate and instead characterized questionable disbursements as honest mistakes that were repaid when discovered. Coleman acknowledged under cross-examination that he had not filed notice of an estate open longer than one year.

Harris represented the estate of Robert P. Carr that was administered by his son, Robert Carr Jr. Ogden represented another heir in the estate, Robert P. Carr’s son, Randy Carr.

The hearing featured testimony from Robert Carr Jr. about his handling of the estate, and from Randy Carr, now serving a 20-year executed sentence at the New Castle Correctional Annex for dealing methamphetamine.

Shackled, in prison scrubs and escorted into the hearing by sheriff’s deputies, Randy Carr repeated accusations that Coleman was a friend of his family who’d joined his father at Christmas parties in the past, and that his father had millions of dollars squirreled away. Robert Carr Jr. testified none of those accusations were true and that his brother has “issues.”

But Randy Carr had informed Harris of conflicts he said Coleman had, and Harris conveyed those concerns to Coleman. The judge declined to recuse himself, saying he could find no conflict. Randy Carr said the judge also denied his request for an outside accounting of the estate.

When Lenkowsky sought to limit questions about Randy Carr’s past drug use, he alarmed Pruden when he volunteered that he also was representing Randy Carr in his post-conviction relief petition.

Pruden also grilled Ogden on the stand about how he handled his representation of Randy Carr in the estate case. Ogden acknowledged that he never obtained a chronological case summary. He also acknowledged that he was unaware when he criticized Coleman for failing to require a supervised trust or bond that those conditions had been put in place by a prior judge on the case who had recused himself.

“That’s what I believed to be true,” Ogden said of his criticism of Coleman. “That was inaccurate, yes.”

Ogden said he didn’t file a motion seeking Coleman’s disqualification because the judge already had ruled based on his client’s complaint. He also said the judge could have acted to better protect the interests of the estate.

York challenged Ogden on why he didn’t file motions on those matters and asked him to show a case in which a judge had issued such orders sua sponte. “It doesn’t happen,” York said.

Separately, Marion Superior Judge Patrick McCarty testified that he forwarded Ogden’s letter regarding asset distribution in forfeiture cases after he received it unsolicited. He said he feared the letter could be considered ex parte, so he forwarded it to the commission.

York asked attorneys to file findings of fact and conclusions of law within 30 days of the completion of the hearing record. Afterward, York will file his report to the Indiana Supreme Court which will determine what disciplinary action, if any, will be rendered.•
 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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